Douglas M. McIntosh was quoted in the September 15, 2021 Law360 article entitled "11th Circ. Ruling Bolsters Insurers In Faulty Work Fights", agreeing with the appellate court's published opinion, issued August 26, 2021 by a three-judge panel regarding the “j(5) exclusion” commonly found in CGL insurance policies.
The ruling hinged on the interpretation of the phrase “that particular part” in the original contract – language other courts have found ambiguous. McIntosh also agreed with the Court’s holding of what does not constitute an “illusory” insuring agreement.
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